Development Control Committee
Meeting to be held on 3rd August 2011
Electoral Division affected:
West Lancashire South
West Lancashire Borough: Application No. 08/11/0527
Retrospective change of use of land from general industrial to an
aggregates recycling facility for inert demolition, excavation, soils and
construction waste, including retention of weighbridge, two mobile
buildings and car parking area. Unit 2 Simonswood Industrial Estate,
Stopgate Lane, Simonswood, Kirkby.
Contact for further information:
Rob Jones, 01772 534128, Environment Directorate
DevCon@lancashire.gov.uk
Executive Summary
Application - Retrospective change of use of land from general industrial to an
aggregates recycling facility for inert demolition, excavation, soils and construction
waste including retention of weighbridge, two mobile buildings and car parking area.
Unit 2 Simonswood Industrial Estate, Stopgate Lane, Simonswood, Kirkby.
Recommendation – Summary
That planning permission be granted subject to conditions controlling working
programme, hours of working, noise and dust controls, protection of watercourses
and highway matters.
Applicant’s Proposal
Retrospective planning permission is sought for the change of use of a 3.0
hectare plot of land from general industrial use to use as an aggregates
recycling facility. The facility recycles inert demolition and construction
wastes into a range of aggregate and soil making materials.
The waste materials are delivered to the site and crushed and screened into
stockpiles of different recycled materials. The facility processes up to
50,000 tonnes of waste material per year. All of the recycling operations take
place in the open air with the wastes stored in stockpiles up to 12m high. The
site currently generates an average of 15 two-way HGV and 2 two-way LGV
movements per day.
The site has a mixture of concrete and compacted hardcore roads, a
weighbridge, a parking area for ten cars and two mobile buildings; one is used
as an office and the other as a general staff and toilet facility.
The site operates between 0700 and 1830 hours, Mondays to Fridays, 0700
to 1300 hours on Saturdays, with no operations being carried out on Sundays
or Public Holidays.
Description and Location of Site
The site is located within the Simonswood Industrial Estate and is accessed
by an internal estate running south from Stopgate Lane on the northern edge
of Kirkby. The Kirkby to Wigan railway line is 100m to the south with Woods
Farm another 165 metres to the south. The site is a flat area of hardstanding
secured by 2m high palisade fencing, except along the southern boundary
where a 3m high bund separates the site from the watercourse of
Simonswood Brook. A 3m high bund is also located along the northern
boundary.
The mobile buildings, parking area and weighbridge are located within the site
adjacent to the entrance in the north-east corner of the site. The aggregate
and processing area is in the west side of the site and the stockpiles of
processed and recycled material are located on the east side.
To the north is a testing station belonging to the Vehicle and Operator
Services Agency (VOSA), to the east is a scrap yard and to the south and
west are other inert waste recycling centres and waste transfer stations.
The southern part of the site falls within a flood risk zone.
Background
History
The site forms part of a large general industrial estate. There is no relevant
planning history.
Planning Policy
In law all EU Regulations and Directives apply and all government guidance
and policy statements must be taken into account. The following are
particularly relevant to proposals of this nature:
Framework Directive on Waste
A Community Strategy for Waste Management
EU Sustainable Development Strategy 2001
Securing the Future (UK Strategy for Sustainable Development)
Waste Management Licensing Regulations 1994
PPS10
Planning for Sustainable Waste Management
The North West of England Regional Spatial Strategy to 2021
Policy DP1 Spatial Principles
Policy DP3 Promote Sustainable Economic Development
Policy DP4 Make the Best Use of Existing Resources and Infrastructure
Policy DP7 Promote Environmental Quality
Policy EM9 Secondary and Recycled Aggregates
Policy EM11 Waste Management Principles
Lancashire Minerals and Waste Local Plan
Policy 2
Policy 23
Policy 24
Policy 37
Policy 89
Quality of life
Water Resource Protection
Flood Risk
Strategic Road Network
Recycling of inert and construction waste
Joint Lancashire Minerals and Waste Development Framework Core Strategy
(JLMWDF)
Policy CS7
Policy CS9
Managing our waste as a resource
Achieving sustainable waste management
Joint Lancashire Minerals and Waste Development Framework – Site
Allocation and
Development Management Policies DPD – Submission version
Policy DM2 Development Management
Policy WM4 Inert Waste Recycling
West Lancashire Replacement Local Plan
Policy GD1
Policy EN10
Policy EN11
Policy DE5
Design of Development
Flood Risk
Protection of Water Resources
Employment Development
Consultations
West Lancashire Borough Council – Object as the height of the stockpiles, by
virtue of their material, height and processing would result in dust nuisance in
the locality and an unsightly form of development to the detriment of the visual
amenity and character of the surrounding rural area and therefore conflicts
with Policy GD1 of the West Lancashire Replacement Local Plan. There are
also concerns about the potential pollution of the adjacent watercourse.
There should be environmental improvements to the site.
Simonswood Parish Council – No observations received.
Area Manager (Public Realm) – Unable to provide a response based on the
information provided by the applicant to date. A simple transport assessment
for the site and the access off Stopgate Lane should be provided detailing the
vehicle movements associated with the previous use of the site and those
associated with the present use of the site.
Environment Agency – No objection subject to conditions requiring details for
the provision of surface water drainage works, and measures to prevent the
migration of dust from the site and to prevent mud and debris from being
dragged onto the highway.
The site borders Simonswood Brook; waste materials should be sited away
from the watercourse as there is the potential for waste materials to slip into
the brook. The southern corner of the site is within Flood Zone 3. It is
proposed to create bunds to protect the site from flooding. The creation of
bunds could potentially increase the risk of flooding elsewhere and is not
recommended.
Representations – The application has been advertised by press and site
notice and local residents informed by individual letter. One representation
has been received expressing concern to the potential for dust to migrate from
the site on to crops in the surrounding fields. The height of some of the
stockpiles is considered to be too high which increases dust migration on a
windy day.
Advice
Director of Environment and Public Protection Services – Observations
Planning permission is sought to regularise the use of 3.0 hectares of general
industrial land within the Simonswood Industrial Estate as an aggregates
recycling facility involving the crushing and screening of inert demolition,
excavation, soils and construction waste to produce recycled aggregates for
re-sale to the construction markets.
When considering applications for waste development a local planning
authority must have regard to the EU Waste Framework Directive, which has
been made part of domestic law by the Waste Management Licensing
Regulations 1994. This legislation provides that the local planning authority
must have regard to the ‘relevant objectives’, which are ensuring that waste is
recovered or disposed of without endangering human health and without
using processes or methods that could harm the environment and, in
particular, without risk to water, air, soil, plants or animals; or causing
nuisance through noise or odours; or adversely affecting the countryside or
places of special interest.
Section 38 (6) of the Planning and Compulsory Purchase Act 2004 requires
planning applications to be determined in accordance with the Development
Plan, unless material considerations indicate otherwise. In considering the
issues that arise from the proposed development it is not only necessary to
take into consideration the relevant policies of the Development Plan but also
the planning history of the site and all other material planning considerations.
Government policy is a material consideration that should be given
appropriate weight in the decision making process.
National policy seeks to achieve sustainable waste management by moving
the management of waste up the ‘waste hierarchy’ of reduction, re-use,
recycling, composting, using waste as a source of energy and only disposing
of waste as a last resort. PPS 10 stresses that the wider environmental and
economic benefits of sustainable waste management are material
considerations that should be given significant weight in determining planning
applications.
The Development Plan for the site is made up of the Regional Spatial
Strategy, the Lancashire Minerals and Waste Local Plan 2003 (LMWLP), the
Joint Lancashire Minerals and Waste Local Development Framework Core
Strategy (JLMWDF) and the West Lancashire Replacement Local Plan. The
Lancashire Minerals and Waste Local Plan and the Minerals and Waste Local
Development Framework were prepared with regard to the EU Waste
Framework Directive and Paragraph 4 of Part 1 of Schedule 4 of the Waste
Management Licensing Regulations 1994. The ‘relevant objectives’ are
referred to in these plans and the policies were prepared to reflect the
intentions of such.
National and Regional Planning Policy encourages recycling and the re-use of
waste to reduce reliance on land filling. The operations on site include the
recycling of inert waste materials to produce aggregates and soil materials for
use in the construction industry. Policy CS7 of the Joint Lancashire Minerals
and Waste Development Framework Core Strategy includes targets for the
recycling and recovery of construction and demolition wastes and the
development would assist in meeting such targets. In principle the
development accords with the Government’s Waste Management Strategy
and with policy CS7 of the LMWLDF Core Strategy.
Policy 89 of the LMWLP supports proposals for the recycling of inert and
construction waste if they are suitably located in appropriate industrial areas
and would meet certain environmental criteria. The criteria require that the
development will not give rise to unacceptable adverse impacts on people and
the environment and all operations (including storage) which would, if carried
out in the open air and cause unacceptable injury to amenity, shall be
undertaken within appropriate buildings. The highway network and site
access should also be able to satisfactorily accommodate the traffic
generated.
The site is designated in Policy DE5 of the West Lancashire Replacement
Local Plan as an area for industrial, business, storage and distribution uses
and as an existing industrial area. The development therefore complies with
the key locational requirement of Policy 89 of the Lancashire Minerals and
Waste Local Plan and with Policy DE5 of the West Lancashire Replacement
Local Plan. Policy CS9 of the Core Strategy seeks to achieve sustainable
waste management, attaches priority to the location of waste facilities within
existing or planned industrial or commercial areas and sets out broad criteria
against which proposals for new waste facilities will be assessed. The
location of the development within an existing major industrial area would help
to achieve sustainable waste management in terms of the proximity principle
and therefore accords with Policies CS7 and CS9 of the Joint Lancashire
Minerals and Waste Development Framework Core Strategy.
Emerging policy can also be a material planning consideration; the weight to
be attached to such policy depends on the stage of its preparation and the
level and nature of any objection that has been received to the draft policies.
Emerging policy in the form of the Lancashire Minerals and Waste Local
Development Framework – Site Allocations and Development Management
Policies DPD is therefore relevant to this proposal. Policy WM4 of the DPD
contains policies for the location of Inert Waste Recycling facilities and states
that development of such facilities will be supported at industrial estates,
including Simonswood Industrial Estate, where the facilities will be expected
to be housed within a building. The development is not housed within a
building; all of the recycling operations and the storing of the processed waste
materials take place in the open air. The operations could therefore be
considered to be contrary to this emerging policy. However, policy WM4 of the
Site Allocations and Development Management Policies DPD has been
subject to objection and will be discussed at an Examination in Public (EiP) to
be held later in 2011. Limited weight should therefore be attached to policy
WM4 at this stage as the requirements of the policy may well change as a
result of the Inspector's findings at the EiP. There are other similar recycling
operations nearby operating in the open with the benefit of planning
permission
While the location may be acceptable in policy terms, it is still necessary to
protect the amenities of nearby sensitive land uses. Within the industrial
estate, VOSA is located on the north side of the site while, to the south of the
industrial estate is agricultural land with Woods Farm located 265m to the
south of the site. The residents of Woods Farm have expressed concerns
regarding dust migration from the site and state that the height of the
stockpiles exacerbates the problem. West Lancashire Borough Council has
also objected as they consider that the heights of the stockpiles result in dust
nuisance in the locality and are an unsightly form of development to the
detriment of the visual amenity and character of the surrounding area.
Policy 2 of the Lancashire Minerals and Waste Local Plan (LMWLP) seeks to
protect the amenities of people and the environment from any material
impacts from minerals and waste operations such as traffic, visual impact,
noise, dust, pollution, odour or other factors that could lead to loss of or
damage to amenity which would adversely affect people. The policy only
permits proposals where it can be demonstrated that the material impacts can
be eliminated or reduced to acceptable levels and where the impacts can be
controlled in accordance with best site practice and recognised standards.
All of the recycling operations take place in the open air with the materials
stored in stockpiles of up to 12m high. The applicant has advised that dust
suppression measures are in place which include a wheel wash, a water
bowser and road sweeper to clean and dampen the site roads and dust
suppression on crushing and screening plant. Three metre high bunds are
also in place along the northern and southern boundaries. However, it is the
height of the stockpiles that is the main factor contributing to dust migration
and visual impacts of the site. The planning permissions for the waste
transfer stations on adjacent sites restrict the height of stockpiles to a
maximum of five metres so that they are less exposed to the wind and can be
dampened more easily, and consequently are less visually intrusive. The
operations are considered to be acceptable in principle and subject to a
restriction in height of the stockpiles to 5m which would be consistent with the
restrictions on the adjoining sites. Subject to the imposition of planning
conditions preventing the migration of dust from site, it is considered that the
continued use of the site would not generate any unacceptable impacts on the
local environment. Odour should not be an issue as the materials are inert.
The bund along the northern boundary helps to screen the site and is covered
with vegetation; consequently is considered that no further landscaping is
required. Given the location of the development it is considered that subject
to a condition requiring plant and equipment to be effectively silenced, there
would be no unacceptable impact from noise.
The objections raised by West Lancashire Borough Council and the nearby
resident are noted but, with the imposition of the conditions referred to above,
it is considered that the impacts of the operations could be controlled to
acceptable levels and the development would not have an unacceptable
adverse impact on the amenities of the nearby land users and residents.
The hours of operation are 0700 to 1830 hours, Mondays to Fridays, 0700 to
1300 hours on Saturdays, with no development on Sundays or Public
Holidays. Given the location of the site on the industrial estate, the hours are
considered acceptable and can be controlled by condition. Subject to the
imposition of conditions controlling the operation of the site, the development
is considered to comply with Policies 2 and 89 of the LMWLP and Policy GD1
of the West Lancashire Replacement Local Plan.
Two mobile buildings, a parking area and a weighbridge are not visible from
outside the estate and are considered acceptable, as is the palisade boundary
fencing.
The site is accessed using an internal road within the Simonswood Industrial
Estate that runs due south from Stopgate Lane. The applicant has advised
that the site currently generates an average of 15 two-way HGV and 2 twoway LGV movements per day but this would be expected to increase when
the economic conditions improve. Whilst more HGV movements may be
generated in the future, it is considered that the traffic levels do not cause the
capacity of the local highway network to be exceeded and consequently a
traffic assessment on this occasion is considered unnecessary. The main
access to the site is via the North Perimeter Road which is high standard road
around the north and east side of Kirkby that passes very few properties. The
development is therefore considered acceptable in terms of the local highway
network particularly given that the level of HGV movements is relatively low
compared to that generated by the industrial estate as a whole. The site has
a mixture of concrete and compacted hardcore roads so a wheelwash is not
required as mud and debris should not be tracked onto the highway. The
development is therefore considered acceptable in terms of Policy 37 of the
LMWLP.
The south of the site falls within a flood risk zone and Simonswood Brook is
located along the southern boundary which is separated from the site by a 3m
high bund. Whilst the Environment Agency (EA) has not objected to the
proposal a condition is proposed to require details for the provision of surface
water drainage works to reduce the increased risk of flooding by ensuring the
provision of a satisfactorily means of surface water disposal. The EA also
comment that waste should be sited away from the watercourse as there is
the potential for waste materials to slip into the brook and that the existence of
bunds parallel to the brook could potentially increase the risk of flooding
elsewhere. To address this conditions are proposed requiring details of the
means of preventing materials from being washed into the Simonswood Brook
during storm events and to ensure that any stockpiles or bunds are relocated
away from the water course. Subject to such restrictions it is considered that
the proposal accords with Policies 23 and 24 of the LMWLP and Policies
EN10 and EN11 of the West Lancashire Replacement Local Plan.
In view of the scale, location and nature of the proposed development, it is
considered that no Convention Rights as set out in the Human Rights Act
1998 would be affected.
Summary of Reasons for Decision
The aggregates recycling facility is located on an existing industrial estate.
The use contributes to the recycling and re-use of inert demolition,
excavation, soils and construction waste and assists in moving the
management of such wastes up the waste hierarchy. The development
accords with the Government’s Waste Management Strategy and with policy
CS7 of the LMWLDF Core Strategy. The conditions including the restriction in
the height of stockpiled waste and recycled materials would ensure that the
development would not give rise to adverse impacts on people or the
environment in terms of impacts on the Simonswood Brook, drainage, noise,
dust or visual amenity. The development would not endanger human health
and would not use processes or methods that could harm the environment
and, in particular, risk to water, air, soil, plants or animals; or cause nuisance
through noise or odours; or adversely affect the countryside or places of
special interest. The development is acceptable in terms of highway safety
and capacity. The proposal accords with the policies of the Development
Plan. The policies of the Development Plan relevant to this decision are:
The North West of England Regional Spatial Strategy to 2021
Policy DP1 Spatial Principles
Policy DP3 Promote Sustainable Economic Development
Policy DP4 Make the Best Use of Existing Resources and Infrastructure
Policy DP7 Promote Environmental Quality
Policy EM9 Secondary and Recycled Aggregates
Policy EM11 Waste Management Principles
Lancashire Minerals and Waste Local Plan
Policy 2
Policy 23
Policy 24
Policy 37
Policy 89
Quality of life
Water Resource Protection
Flood Risk
Strategic Road Network
Recycling of inert and construction waste
Joint Lancashire Minerals and Waste Development Framework Core Strategy
(JLMWDF)
Policy CS7
Policy CS9
Managing our waste as a resource
Achieving sustainable waste management
West Lancashire Replacement Local Plan
Policy GD1
Policy EN10
Policy EN11
Policy DE5
Design of Development
Flood Risk
Protection of Water Resources
Employment Development
Recommendation
That planning permission be granted subject to the following conditions:
Working Programme
1.
The development shall be carried out, except where modified by the
conditions to this permission, in accordance with the following
documents:
a) The planning application received by the County Planning
Authority on 07 April 2011 and two emails from the applicant
dated the 12 July 2011.
b) Submitted Plans received by the County Planning Authority
on 07 April 2011:
Red Edge Plan
Site Layout Plan
c) All schemes and programmes approved in accordance with
this permission.
Reason: For the avoidance of doubt and to enable the County
Planning Authority to control the development and to minimise its
impact on the amenities of the local area and to conform with Policies
DP1, DP3, DP4, DP7, EM9 and EM11 of the North West of England
Regional Spatial Strategy to 2021, Policies CS7and CS9 of the Joint
Lancashire Minerals and Waste Development Framework (Core
Strategy), Policies 2, 23, 24, 37 and 89 of the Lancashire Minerals and
Waste Local Plan and Policies GD1, EN10, EN11 and DE5 of the West
Lancashire Replacement Local Plan.
Hours of Working
2.
The site shall not be open for the receipt, processing or export of waste
or recycled material outside the hours of:0700 to 1830 hours, Mondays to Fridays (except Public
Holidays)
0700 to 1300 hours on Saturdays
The site shall not open for the receipt, processing or export of
waste on Sundays or Public Holidays.
This condition shall not, however, operate so as to prevent the
carrying out, outside these hours of essential repairs to plant
and machinery used on the site.
Reason: To safeguard the amenity of local residents and
adjacent properties/landowners and land users and to conform with
Policies 2 and 89 of the Lancashire Minerals and Waste Local Plan and
Policy GD1 of the West Lancashire Replacement Local Plan.
Site Operations
3.
A copy of this permission and all the documents referred to in
Condition 1 shall be available for inspection at the site office at all times
throughout the development.
Reason: For the avoidance of doubt and to ensure all site operatives
are aware of the planning conditions and approved documents and to
conform with Policies 2 and 89 of the Lancashire Minerals and Waste
Local Plan.
4.
No stockpile of waste and / or recycled materials on the site shall
exceed a maximum height of 5m as measured above existing ground
levels throughout the life of the operations.
Reason: To safeguard the amenity of adjacent properties, landowners
and land-users and to conform with Policies 2 and 89 of the Lancashire
Minerals and Waste Local Plan and Policy GD1 of the West Lancashire
Replacement Local Plan.
5.
No waste other than inert demolition, excavation, soils and construction
waste shall be brought to the site or deposited on the site. Any
materials other than inert demolition, excavation, soils and construction
waste brought to the site in breach of this condition shall be stockpiled
in a designated area and removed off site within 48 hours.
Reason: To protect the amenities of the area and to conform with
Policies 2 and 89 of the Lancashire Minerals and Waste Local Plan.
Control of Noise and Dust
6.
Within 3 months from the date of this permission a scheme and
programme describing the types of reversing alarms to be fitted to
mobile plant /vehicles used on the site shall be submitted to the County
Planning Authority for approval in writing. The scheme and programme
shall provide for the fitting of non-audible or white noise reversing
alarm systems and include details of alternative measures that will be
adopted should non-audible or white noise warning systems fail to
operate or be unsuitable. Following the written approval by the County
Planning Authority the approved reversing alarms shall be fitted to all
mobile plant used on the site within one month of approval and
thereafter they shall be employed at all times.
Reason: To safeguard the amenity of local residents and adjacent
properties/landowners and land users and to conform with policy 2 of
the Lancashire Minerals and Waste Local Plan.
7.
All plant, equipment and machinery used in connection with the
operation and maintenance of the site shall be equipped with effective
silencing equipment or sound proofing equipment to the standard of
design set out in the manufacturer's specification and shall be
maintained in accordance with that specification at all times throughout
the development.
Reason: In the interests of local amenity and to conform with Policies 2
and 89 of the Lancashire Minerals and Waste Local Plan.
8.
Measures shall be taken at all times during the operation of the
development to prevent the migration of dust from the site. Such
measures shall include:a) Watering of all internal haul roads and operational areas
during dry weather conditions
b) Watering of stockpiles of dust generating materials;
c) Dampening of dust during the deposit and loading of dust
generative stockpiled materials.
d) Dust suppression on crushing and screening plant including
water sprays and measures to reduce dust on conveyor
discharge points
Reason: To safeguard the amenity of adjacent properties,
landowners and land-users and to conform with Policies 2 and 89 of
the Lancashire Minerals and Waste Local Plan and Policy GD1 of the
West Lancashire Replacement Local Plan.
Highway Matters
9.
Measures shall be taken at all times during the development to ensure
that no mud, dust or other deleterious material is carried out of the site
onto the industrial estate access roads or onto the public highway by
vehicles leaving the site.
Reason: In the interests of highway safety and to safeguard the
amenity of local residents and to conform with Policies 2 and 37 of the
Lancashire Minerals and Waste Local Plan.
10.
All vehicles transporting waste and recycled materials from the site
shall be securely sheeted.
Reason: In the interests of highway safety and to safeguard the
amenity of local residents and adjacent properties/landowners and land
users and to conform with Policies 2 and 37 of the Lancashire Minerals
and Waste Local Plan.
Safeguarding of Watercourses and Drainage
11.
Within one month on the date of this planning permission, a scheme
and programme of measures to protect the Simonswood Brook shall be
be submitted to the County Planning Authority for approval in writing.
The scheme and programme shall contain details of the following:a) The measures to control surface water runoff from the site
into the Simonswood Brook.
b) The relocation of the existing screening bunds or stockpiles of
waste stored alongside of the Simonswood Brook to provide for
an 8 metres standoff as measured between the top of bank of
Simonswood Brook and the toe of any bund or stockpile.
c) The landscaping of any relocated bunds including details of
species, numbers of plants, methods of planting and protection.
The approved scheme and programme for the purposes of a) and b)
shall be implemented and completed within 3 months from the date of
approval. The landscaping approved under c) shall be undertaken
within the first available planting season following completion of b) and
thereafter the landscaping shall maintained for a period of five years .
Reason: To safeguard land from flooding and to conform with Policy
23 of the Lancashire Minerals and Waste Local Plan and Policy EN11
of the West Lancashire Replacement Local Plan.
12.
Within one month of the date of this permission, details of site
boundary delineation measures to ensure that waste materials at the
site do not fall into the 8m standoff to Simonswood Brook required for
the purposes of condition 11 shall be submitted to the County Planning
Authority for approval in writing.
The approved site delineation measures shall be implemented in their
entirety within two months of the date of approval and thereafter they
shall be maintained.
Reason: To safeguard land from flooding and avoid the pollution of
any watercourse and to conform with Policy 23 of the Lancashire
Minerals and Waste Local Plan and Policy EN11 of the West
Lancashire Replacement Local Plan.
Notes
The grant of planning permission does not remove the need to obtain the
relevant statutory consents/licences from the Environment Agency. In this
case, Simonswood Brook is a designated main river and that under the terms
of Water Resources Act 1991 and the Land Drainage Byelaws, the prior
written consent of the Environment Agency is required for any proposed
works, structures or stockpiling of material in, under, over or within 8 metres of
the top of the bank of Simonswood Brook.
Local Government (Access to Information) Act 1985
List of Background Papers
Paper
8/11/0527
Date
Contact/Directorate/Ext
Rob Jones/Environment/534128
Reason for Inclusion in Part II, if appropriate
N/A